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Lod M. [https://books.google.com/books?id=zEkmJAeJYBkC&pg=PA59&dq=misyar+muta&hl=en&sa=X&ei=7gpFUZatJtL02wXPrYDYCw&ved=0CC0Q6AEwAA#v=onepage&q=misyar%20muta&f=false "Islam and the West: the clash between Islamism and Secularism."] {{Webarchive|url=https://web.archive.org/web/20160529001328/https://books.google.com/books?id=zEkmJAeJYBkC&pg=PA59&dq=misyar+muta&hl=en&sa=X&ei=7gpFUZatJtL02wXPrYDYCw&ved=0CC0Q6AEwAA#v=onepage&q=misyar%20muta&f=false |date=29 May 2016 }} Strategic Book Publishing, 2011 p58-59. {{ISBN|1612046231}}, 9781612046235.
Lod M. [https://books.google.com/books?id=zEkmJAeJYBkC&pg=PA59&dq=misyar+muta&hl=en&sa=X&ei=7gpFUZatJtL02wXPrYDYCw&ved=0CC0Q6AEwAA#v=onepage&q=misyar%20muta&f=false "Islam and the West: the clash between Islamism and Secularism."] {{Webarchive|url=https://web.archive.org/web/20160529001328/https://books.google.com/books?id=zEkmJAeJYBkC&pg=PA59&dq=misyar+muta&hl=en&sa=X&ei=7gpFUZatJtL02wXPrYDYCw&ved=0CC0Q6AEwAA#v=onepage&q=misyar%20muta&f=false |date=29 May 2016 }} Strategic Book Publishing, 2011 p58-59. {{ISBN|1612046231}}, 9781612046235.
</ref> Sunnis dismiss these claims as nothing more than Shia polemics. Nikah misyar, they argue, unlike mut'ah is not temporary but a permanent marriage with no time limits. The difference between a normal marriage and misyar marriage is that in misyar the man and woman forego certain rights temporarily until both partners choose to reinstate them. But misyar is still frowned upon in Sunni Islam and never recommended.<ref>
</ref> Sunnis dismiss these claims as nothing more than Shia polemics. Nikah misyar, they argue, unlike mut'ah is not temporary but a permanent marriage with no time limits. The difference between a normal marriage and misyar marriage is that in misyar the man and woman forego certain rights temporarily until both partners choose to reinstate them. But misyar is still frowned upon in Sunni Islam and never recommended.<ref>
{{cite web|url=https://islamqa.info/en/82390|title=Misyaar marriage: definition and rulings - islamqa.info|website=islamqa.info|access-date=17 January 2016|archive-url=https://web.archive.org/web/20180722155755/https://islamqa.info/en/82390|archive-date=22 July 2018|url-status=live|df=dmy-all}}</ref>
{{cite web|url=https://islamqa.info/en/82390|title=Misyaar marriage: definition and rulings - islamqa.info|website=islamqa.info|access-date=17 January 2016|archive-url=https://web.archive.org/web/20180722155755/https://islamqa.info/en/82390|archive-date=22 July 2018|url-status=live|df=dmy-all}}</ref>

'''The Second Verse of Mut'ah'''

The strongest argument of Sunni proponents of mut'ah is that there are not just one , but two verses of Mut'ah in the Qur'an. The decisiveness of this verse, they argue, cancel out any argument against the validity of mut'ah in Sharia.

The first verse of Mut'ah, 4:24 , is already confirmed in foremost Sunni Tafsirs like Tafsir Ibn Kathir, Tafseer Al-Tabari,etc.

The second verse is narrated by a hadith in Sahih Muslim:

"Abdullah (b. Mas'ud) reported:

We were on an expedition with Allah's Messenger (ﷺ) and we had no women with us. We said: Should we not have ourselves castrated? He (the Holy Prophet) forbade us to do so He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment, and 'Abdullah then recited this verse: 'Those who believe do not make unlawful the good things which Allah has made lawful for you, and do not transgress. Allah does not like trangressers" (al-Qur'an, v. 87)."

Most of the Sunni Tafseers interpret this verse as criticism of the attitude of the People of Book, especially the Christians, who banned a lot of good worldly provisions that Allah made permissible to them. Such as their embrace of monasticism, celibacy, condemnation of sex as a wicked act, etc. Therefore, the Sunni proponents of mut'ah accuse their opponents as being imitators of jews and christians, in their attitude towards Worldly Provisions and looking down upon sex as inherently evil.

They also quote the well-known hadith:

"...Sex is charity..." in favour of their argument. argument.


====In Iraq====
====In Iraq====

Revision as of 05:14, 7 February 2020

"Mut'ah" redirects here. Not to be confused with Mu'tah, a town in Jordan.

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Nikah mut'ah[1][2] (Template:Lang-ar, literally "pleasure marriage";[3]: 1045  or Sigheh[4] (Template:Lang-fa) is a private and verbal temporary marriage contract that is practiced in Twelver Shia Islam [2]in which the duration of the marriage and the mahr must be specified and agreed upon in advance.[1][5][6]: 242 [7]: 47–53  It is a private contract made in a verbal or written format. A declaration of the intent to marry and an acceptance of the terms are required as in other forms of marriage in Islam.[8]

According to Twelver Shia jurisprudence, preconditions for mut'ah are: The bride must not be married, she must attain the permission of her wali if she has never been married before, she must be Muslim or belong to Ahl al-Kitab (People of the Book), she should be chaste, must not be a known adulterer, and she can only independently do this if she is Islamically a non-virgin or she has no wali (Islamic legal guardian).[9][10] At the end of the contract, the marriage ends and the wife must undergo iddah, a period of abstinence from marriage (and thus, sexual intercourse). The iddah is intended to give paternal certainty to any children should the wife become pregnant during the temporary marriage contract.[6][1]

Generally, the Nikah mut'ah has no prescribed minimum or maximum duration.[11][12][13] However, one source, The Oxford Dictionary of Islam, indicates the minimum duration of the marriage is debatable and durations of at least three days, three months or one year have been suggested.[1] Sunni Muslims do not practice Nikah Muta however, they do practice Nikah misyar, which has been regularly considered a similar marriage arrangement. However, a minority of Sunnis scholars and a significant majority of Sunni mujtahids during the generation of Salaf had permitted mut'ah [citation needed]

Many Muslims and Western scholars have claimed that both Nikah mut'ah[14] and Nikah misyar[15] are Islamically void attempts to religiously sanction prostitution which is otherwise forbidden.[16]

Background

Historically there were many types of marriages, used for various purposes, as opposed to a full marriage, in mut'ah some of the rights of the husband and wife are non-existent. This was primarily used by those who could not stay at home with their wife and traveled a lot. For example a traveling merchant might arrive at a town and stay for a few months, in that period he may marry a divorced widow, and they would take care of each other. When he has to leave to the next down, the marriage is over, and he might sign a mut'ah contract at his next place. Although in modern times such a thing is considered obsolete, due to the availability of fast travel, and primarily exists in Iran and Shia regions for sexual pleasure reasons as a means of Halal dating[17]

Mut'ah, literally meaning joy, is a condition where rules of Islam are relaxed. It can apply to marriage (the nikah mut'ah) or to the Hajj (the obligatory pilgrimage) (the Mut'ah of Hajj). Mut'ah is a sensitive area of disagreement between those who follow Sunni Islam (for whom nikah mut'ah is forbidden) and those who follow Shia Islam (for whom nikah mut'ah is allowed).[5] Shias and Sunnis do agree that, initially, or near the beginning of Islam, Nikah mut'ah was a legal contract.[7][18] Beyond that time, the legality of the practice is debated.[citation needed]

Historical examples

A historical example of Nikah mut'ah is described by Ibn Hajar Asqalani (1372 - 1448 CE (852 AH)) in his commentary on the work of Sahih al-Bukhari.[19][citation needed] Muawiyah I (602 - 680 AH), first caliph of the Umayyad dynasty, entered into a nikah mut'ah contract with a woman from Ta'if. She was a slave who was owned by a man called Banu Hazrmee. She received a yearly stipend from Muawiyah. Ordinarily, sexual access rights to a female slave belongs to the slave owner as part of his property rights which cannot be shared or assigned, unless the slave is married off, in which case the slave owner loses all rights to sexual access.[citation needed]

Scholar ‘Abd ur-Razzaq as San‘ani (744 CE) described how Saeed bin Jubayr frequently visited a woman in Mecca. When asked why, he said he had a contract of nikah mut'ah with her and seeing her was "more halal than drinking water".[20][citation needed]

Ibn Jurayj, an eminent scholar from among the Tabi’ al-Tabi’een, was known to have practiced mut’ah with a large number of women.[citation needed][21]

By contrast, in the Sahih al-Bukhari, Mut'ah marriage is classed as forbidden because Ali bin Abu Talib said that he heard Muhammad say that it is forbidden. As narrated by 'Ali bin Abu Talib: "On the day of Khaibar, Allah's Apostle forbade the Mut'a (i.e. temporary marriage) and the eating of donkey-meat."[22] as mentioned in Sahih al-Bukhari (Volume 9, Book 86, Number 91).

Zaidi Shia texts also state that Ali said Mut'ah marriage was forbidden and for this reason the Zaidi Shia do not practise Mut'ah marriage.[23]

In Sunni Islam

There's undeniable evidence that Mut'ah was practiced by early Sunnis during the reign of first 4 caliphs.

For example a hadith in Sahih Muslim clearly states:

"Ibn Uraij reported:

'Ati' reported that jibir b. Abdullah came to perform 'Umra, and we came to his abode, and the people asked him about different things, and then they made a mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by this temporary marriage during the lifetime of the Prophet (ﷺ) and during the time of Abu Bakr and 'Umar. " [Sahih Muslim Book 008, Hadith Number 3248][24][25]

Even though it is said that Umar banned mut'ah,there's solid proof that he later unbanned mut'ah as per authentic reports from Tarikh At-Tabiri.So the practice of mut'ah continued even after Umar.It is reported that Mu'awiya engaged in mut'ah. The Sunni prohibition seem to have begun during the time of Abu Hanifa. It is likely that Imam Malik permitted mut'ah even though his statement is not recorded. However, in Al-Hidaya,one of the foremost Hanafi jurisprudetial books, it is stated that imam Malik permitted mut'ah. Somewhere along the course of history, this prohibition seem to have stuck in traditional Sunni jurisprudence . However,according to Sunni sources mut'ah is a valid contract. The prohibitions on mut'ah at various times, were not a Prophetic command that invalidated mut'ah but rather commandments to engage in mut'ah only during compulsive situations, such as war,sexual repression, travel, inability to contract marriage, scarcity of women, etc

In the sixteenth century, during the reign of Akbar, the third emperor of the Mughal Empire, who was believed to be a Hanafi Sunni, debates on religious matters were held weekly on Thursdays. When discussing nikah mut'ah, Shi'ite theologians argued that the historic Sunni scholar Malik ibn Anas supported the practice.[6][26] However, the evidence from Malik's Muwatta (manual of religious jurisprudence) was not forthcoming. The Shi'ite theologians persisted and nikah mut'ah was legalized for the twelver Shia during Akbar's reign.[6][26]

According to the actual book Muwatta by Malik ibn Anas, Mutah was banned because Ali ibn Abi Talib said that Mutah was banned by Muhammad himself on the day of Khaibar. For this reason the Zaidi Shia do not practice Mutah marriage. According to Malik ibn Anas in Muwatta Volume I, Chapter 18, Hadith 1151 43: "Both Abdullah and Al-Hasan, the two sons of Muhammad ben Ali Abu Taleb, from their father Muhammad ben Ali ben Abu Taleb from Ali ben Abu Taleb, that the Messenger of Allah had forbidden temporary marriage, and the eating of the flesh of the domestic donkey on the day of Khaibar."[27]

However it is more likely that Malik Ibn Anas considered this prohibition to be temporary and specific on the Battle of Khaybar. Since, from various sources it is suggested that Malik Ibn Anas considered mut'ah to be valid. This is most likely the case, since he was a scholar focused in Madinah which was a centre of Islamic knowledge.

The Hanafi school of Sunni jurisprudence argues that although the nikah mut'ah contract itself is valid, marriage is regarded as a permanent condition and therefore, the temporary element of the contract makes it void.

The only Sunni Arab jurisdiction that mentions nikah mut'ah is Jordan; if the nikah mut'ah meets all other requirements, it is treated as if it were a permanent marriage.[7]

The thirteenth century scholar, Fakhr al-Din al-Razi said,

Amongst the Ummah there are many great scholars who deem Mut'ah to have been abrogated, whilst others say that Mut'ah still remains.[28]

The 20th century Sunni scholar, Waheed uz-Zaman, Deobandi said,

On the topic of Mut'ah, differences have arisen amongst the Sahaba, and the Ahl'ul Hadith, and they deemed Mut'ah to be permissible, since Mut'ah under the Shari'ah was practiced and this is proven, and as evidence of permissibility they cite verse 24 of Surah Nisa as proof. The practice of Mut'ah is definite and there is ijma (consensus) on this and you can not refute definite proof by using logic.

The Gharab al Quran, the dictionary of Qur'anic terms states,

The people of Faith are in agreement that Mut'ah is halaal, then a great man said Mut'ah was abrogated, other than them remaining scholars, including the Shi'a believe Mut'ah remain halaal in the same way it was in the past. Ibn Abbas held this viewpoint and Imran bin Husain.[29]

The Tafsir Haqqani, a critical explanation of the Quran states,

Some Sunni scholars deem Mut'ah permissible, in the same way the Sahaba Ibn Abbas and Imran bin Haseen deemed it permissible.[30] Ibn Abbas was rebuked by Ali himself on mut'ah marriage itself. In sahih Muslim it is mentioned that Ali heard that Ibn Abbas gave some relaxation in connection with the contracting of temporary marriage. Ali replied Don't be hasty (in your religious verdict), Ibn 'Abbas, for Allah's Messenger (may peace be upon him) on the Day of Khaibar prohibited for ever the doing of it-And eating of the flesh of domestic asses[31]

Sunni Muslims use this Hadith from Sahih Muslim as further evidence that even great companions like Ibn Abbas got it wrong and Ali had to correct him. And this correction by Ali they say ends the whole subject matter on the complete banning of mut'ah marriage.

However it is attributed to Ali in Tafsir Al-Tabari: “If it were not for his prohibition (Omar), then only a vile person would perform adultery.”[ (Tafseer Al-Tabari #9042)]. Sunni proponents of mut'ah argue that prohibition of mut'ah on the day of khaybar was temporary just like the prohibition on domestic asses. Since domestic asses were needed to carry loads, supplies and weapons during war, the Prophet ordered them to not be slaughtered until the battle was over. Similarly, this prohibition on mut'ah too was just specific for that circumstance and had nothing to do with the validity of mut'ah contract as such.

De facto temporary marriages were conducted by Sunnis by not specifying how long the marriage would last in the written documents themselves while orally agreeing to set a fixed period.[32][33]

Nikah Misyar

Even though nikah mut'ah is prohibited by Sunni schools of law, several types of innovative marriage exist, including misyar (ambulant) and ʿurfi (customary) marriage.[34] Some regard misyar as being comparable to nikah mut'ah: for the sole purpose of "sexual gratification in a licit manner".[35] Sunnis dismiss these claims as nothing more than Shia polemics. Nikah misyar, they argue, unlike mut'ah is not temporary but a permanent marriage with no time limits. The difference between a normal marriage and misyar marriage is that in misyar the man and woman forego certain rights temporarily until both partners choose to reinstate them. But misyar is still frowned upon in Sunni Islam and never recommended.[36]

The Second Verse of Mut'ah

The strongest argument of Sunni proponents of mut'ah is that there are not just one , but two verses of Mut'ah in the Qur'an. The decisiveness of this verse, they argue, cancel out any argument against the validity of mut'ah in Sharia.

The first verse of Mut'ah, 4:24 , is already confirmed in foremost Sunni Tafsirs like Tafsir Ibn Kathir, Tafseer Al-Tabari,etc.

The second verse is narrated by a hadith in Sahih Muslim:

"Abdullah (b. Mas'ud) reported:

We were on an expedition with Allah's Messenger (ﷺ) and we had no women with us. We said: Should we not have ourselves castrated? He (the Holy Prophet) forbade us to do so He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment, and 'Abdullah then recited this verse: 'Those who believe do not make unlawful the good things which Allah has made lawful for you, and do not transgress. Allah does not like trangressers" (al-Qur'an, v. 87)."

Most of the Sunni Tafseers interpret this verse as criticism of the attitude of the People of Book, especially the Christians, who banned a lot of good worldly provisions that Allah made permissible to them. Such as their embrace of monasticism, celibacy, condemnation of sex as a wicked act, etc. Therefore, the Sunni proponents of mut'ah accuse their opponents as being imitators of jews and christians, in their attitude towards Worldly Provisions and looking down upon sex as inherently evil.

They also quote the well-known hadith:

"...Sex is charity..." in favour of their argument. argument.

In Iraq

In Ba'athist Iraq, Uday Hussein's daily newspaper Babil, denounced all forms of temporary marriage, as unislamic practices that harmed women and traditional family values. Misyar marriages were primarily due to poor economic conditions, where both parties hoped that one day they could upgrade to a full marriage once they are financially stable. The Iraqi government attempted to mediate this problem by providing state support and funding for marriages and new couples, such as sponsoring mass wedding ceremonies, although this did not help solve anyone's economic conditions.[37]


Current Status

Even though the practice of mut'ah is generally shunned in Sunni societies, a growing number of Sunni Muslims do engage in mut'ah relationships, particularly in universities of West Asian and European lands.An increasing number of Sunni scholars, accept the validity of mut'ah from their own sources.

The Second "Verse of Mut'ah"

The strongest argument of Sunni proponents of mut'ah is that there are not just one , but two verses of Mut'ah in the Qur'an. The decisiveness of this verse, they argue, cancel out any argument against the validity of mut'ah in Sharia.

The first verse of Mut'ah, 4:24 , is already confirmed in foremost Sunni Tafsirs like Tafsir Ibn Kathir, Tafseer Al-Tabari,etc.

The second verse is narrated by a hadith in Sahih Muslim:

"Abdullah (b. Mas'ud) reported:

We were on an expedition with Allah's Messenger (ﷺ) and we had no women with us. We said: Should we not have ourselves castrated? He (the Holy Prophet) forbade us to do so He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment, and 'Abdullah then recited this verse: 'Those who believe do not make unlawful the good things which Allah has made lawful for you, and do not transgress. Allah does not like trangressers" (al-Qur'an, v. 87)."[38][39]

Most of the Sunni Tafseers interpret this verse as criticism of the attitude of the People of Book, especially the Christians, who banned a lot of good worldly provisions that Allah made permissible to them. Such as their embrace of monasticism, celibacy, condemnation of sex as a wicked act, etc. Therefore, the Sunni proponents of mut'ah accuse their opponents as being imitators of jews and christians, in their attitude towards Worldly Provisions and looking down upon sex as inherently evil.

They also quote the well-known hadith:

"...Sex is charity..."[40] in favour of their argument. argument.

Status


In Twelver Shia Islam

The Twelver Shias as the main branch of Shia Islam[41][42] give arguments based on the Quran, hadith (religious narration), history, and moral grounds to support their position on mut'ah.[43][44][45] Firstly, the word of the Quran takes precedence over that of any other scripture, including the An-Nisa, 24, known as the verse of Mut'ah.

A Twelver Shia hadith attributed to Ali ibn Yaqteen notes that Musa al-Kadhim, the seventh of The Twelve Imams, when asked about nikah mut'ah, said,

Why do you [ask], when you [Ali], with the blessing of Allah, have a wife at your side? He [Ali] replied, 'No, I just want to know.' Imam Kadhim replied, "The permissibility is present within the Book of Allah".[46]

Hadiths also record the use of nikah mut'ah during the time of Abu Bakr, a caliph and sahabi. Later, in 16 AH (637 CE), Umar, also a caliph and sahabi, prohibited mut'ah. Shias allege Umar's prohibiting nikah mut'ah was an incident of challenge to Mohammad.[47][48][49]

Other relevant hadiths include those of Imran ibn Husain (see Hadith of Mut'ah and Imran ibn Husain), and Abdullah Ibn Abbas. The opinion of Ibn Abbas is cited in Fatih al-Qadir ("Ibn Abbas said the verse of Mut'ah"); in Tafseer Mu'alim al Tanzeel (Ibn Abbas said, "The verse of Mut'ah was an order and it's Halal."); in Tafseer Kabeer (The verse of Mut'ah appears in the Qur'an, no verse has come down to abrogate it."); (in Bukhari) ("On that, a freed slave of his said to him, "That is only when it is very badly needed and (qualified permanent) women are scarce, or similar cases." On that, Ibn Abbas said, "Yes."").

Historically, Twelver Shias see that nikah mut'ah has varied in its spiritual legality, changing from halal to haraam and back again over time, and thus cannot be considered in the same light as, for example, taking alcohol, which was never advocated by Mohammad.[50]

Other Twelver Shia hadiths are not in favor of Mutah marriage because Imam Baqir and Imam Jafar told their companions and their followers to be careful in practicing of mut´ah in fear of prosecution.[51]

Abdullah Bin Umair asked Abi Ja'far [as]: Is it acceptable to you that your women, daughters, sisters, daughters of your aunts do it (Mut'ah)? Abu Ja'far rebuked him when he mentioned his women and daughters of his aunts. Because due to the question being of the ignorant kind, and that the question was only asked to rise frustration about the matter of mut´ah.

In another Twelver Shia hadith narrated from Imam Jafar Ul Sadaq Narrated by A'maar: Abu Abdullah, Imam Jafar Sadaq said to me and to Suliman Bin Khaled: "I from myself have made mut'ah haram on to the both of you, as long as you are in Medina. And this because you come to me all to frequent, and I fear the followers of the other party will capture you and prosecute you because of your friendship to me". Al Kafi Pp 467.V5.Wiasal Shia Pp22.V21.[52]

Zaidi Shia view

The Zaidi also reject Mutah marriage.bIn many early Zaidi books like Mujmoo Imam Ali, Hadiths narrated by Ali bin Abi Talib state: "Allah's Messenger forbade the temporary marriage in the year of Khaybar". Ali bin Abi Talib said to a man who was engaging in Mutah: "You are a straying person, the Messenger of Allah has forbidden temporary marriage"[53] Zaidites and Ismailites dismissed all claim made by Athana Asheri, The Twelver Shia about Mutah legality and class text that try to justify it as fabrications. They argue that it is narrated from Imam Jaffar ul Sadiq to Imam Ismail Ul Mubarak that these texts are fornication and that it is adultery, Zina bil raza.[54] and that the traditions banning Mutah are classified as Muthawathar, highly authentic.[55]

Scholarly views

Nikah Mut'ah in our eyes is false, whilst Imam Malik deemed it permissible, as proof he says it was halaal and permissible, it was removed and was not abrogated. Most commentators maintain that attributing this view to Imam Malik (God Bless him) is incorrect. Malik (God bless him) has related a tradition that says the Prophet(ﷺ) prohibited mutah on the day of Khaybar.[56][57][verification needed]

(So with those among them whom you have enjoyed, give them their required due,) was revealed about the Mut`ah marriage. A Mut`ah marriage is a marriage that ends upon a predeterminied date. In the Two Sahihs, it is recorded that the Leader of the Faithful `Ali bin Abi Talib said, "The Messenger of Allah prohibited Mut`ah marriage and eating the meat of domesticated donkeys on the day of Khaybar (battle).[58]

Nevertheless, Ibn Abbas did not retract the permission he gave for deonkey meat and temporary mariirage... As for temporary marriage, he only rendered this permissible in case of need while travelling. As for the prohibition, that referred to when circumstances involved indlugence of wealth or lust. Various of his associates and followers have adopted the position. This was well known to be the view of the scholars of Hijaz up to Ibn Jurayj snd beyond. There is an account relating that Imam Ahmad ibn Hanbal took the same psoition as ibn Abbas; however, this account is weak.[59]

In the account collection of Ahmad (b. Hanbal), the musnad, as well as in the sunan, it is stated that this (the prohobotion of the mut'a marriages) csme at the hijjat at-wada', the "farewell pilgrimage", But God knows best.[60]

The Shiite view that Mut'ah is absolutely lawful and permissible has no sanction and support in the Qur'an or Sunnah. The fact is that a few of the Companions, their followers and jurists who regarded it permissible in the early days of Islam, did so only in case of extreme necessity and need. None of them held the view that it was absolutely lawful like marriage and could be practised in normal circumstances. Hadrat `Abdullah bin 'Abbas, who is generally cited as a prominent supporter of the view of permissibility, has himself explained his position thus: "It is just like carrion which is lawful for a person only in extreme necessity." Even Hadrat Ibn 'Abbas had to revise his opinion when he saw that people were abusing permissibility and had started practising Mut'ah freely regardless of genuine need and necessity... Holding Mut'ah as absolutely permissible, practising it without any real necessity, or resorting to it even when one has a legally wedded wife or wives is a kind of licence which is abhorred by good taste, much less it be attributed to the Shari'ah of Muhammad (Allah's peace be upon him) and imputed to the learned jurists of his family.[61]

Criticism

Mut'ah as a front for child sex trafficking and criminal activity

A BBC investigation into Karbala, Iraq has found that mutah used to sanction a huge sex trafficking ring.[62] A Shia cleric tells a undercover BBC reporter that children as young as 12 are subject to sex slavery and pimped out to Iranian pilgrims.[63] As Karbala plays host to one of Shiaism's biggest holy festivals where millions arrive, it provides a market for prostitution and sex slavery due to performing mutah being a form of religious worship, as many Iranian pilgrims find mutah more pleasurable and preferable than praying 5 times a day.[64] Shia clerics receive a cut for running mutah brothels, women who often want real marriages are deceived into temporary mutah marriages and then drugged and kidnapped and trafficked around as sex slaves. A cleric tells a client "Take my advice, don’t tell her where my offices are in Kadamiya, so afterwards she can’t come looking for her rights. Trust me, it’s better that way."[64] Shias promote anal sex, a practice forbidden in traditional Sunni Islam, as a loophole for sexual pleasure.[65] Other Shia clerics are heard saying if a man accidentally takes a girls virginity, he should not worry if her family does not know where he lives (implying he does not need to worry about her family trying to kill him). Shia clerics are also found giving advise on how to set up your own child traffiking sex trade and profit off it, and advice on how to not get caught. This has created a huge underground sex trafficking industry, stretching from Iraq to Iran, this is protected by Iranian funded Hezbollah militias. Impoverished women are often trafficked in this industry when they come to shia temples to ask the clerics for monetary assistance. One woman says she found out her shia cleric was making several hundred dollars by selling her, while she received mere pocket change.[64]

Mut'ah as adultery and prostitution

Sunnis have criticised the practice of Nikah mut'ah as a "lustful act under a religious cover".[66] Sunni and Shia scholars hold the view that this kind of temporary marriage in the present age amounts to prostitution. Following the 2014 release of an 82-page document detailing Iran's rampant prostitution, Mut'ah marriage has been suggested by Iranian parliamentarians as a solution to the problem – where couples would be allowed to publicly register their union through the institution of Mut'ah marriage.[67] The establishment of chastity houses has also been proposed in the past where prostitutes will be provided in state sanctioned houses, but the clients would have to perform the Nikah Mut'ah first. This proposal has not been as of yet ratified by the Iranian authorities.[68] According to Shahla Haeri, the Iranian middle class itself considers it to be prostitution which has been given a religious cover by the fundamentalist authorities.[69]

Some Western writers have argued that mut'ah approximates prostitution.[14][70] Julie Parshall writes that mut'ah is legalised prostitution which has been sanctioned by the Twelver Shia authorities. She quotes the Oxford encyclopedia of modern Islamic world to differentiate between marriage (nikah) and Mut'ah, and states that while nikah is for procreation, mut'ah is just for sexual gratification.[71] According to Zeyno Baran, this kind of temporary marriage provides Shi'ite men with a religiously sanctioned equivalent to prostitution.[72] According to Elena Andreeva's observation published in 2007, Russian travellers to Iran consider mut'ah to be "legalized profligacy" which is indistinguishable from prostitution.[73] Religious supporters of mut'ah argue that temporary marriage is different from prostitution for a couple of reasons, including the necessity of iddah in case the couple have sexual intercourse. It means that if a woman marries a man in this way and has sex, she has to wait for a number of months before marrying again and therefore, a woman cannot marry more than 3 or 4 times in a year. Although in reality often is done several dozen times every week, often via the excuse that anal sex is not real vaginal sex [65][74][75][76]

See also

References

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Further reading

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